5 during an on-site visit to Peru by the Commission [the Commission decided] to approve Resolution 1/91 and notify it immediately to the Government, in the person of its Minister of Foreign Affairs, during the course of that visit [and that] no impediment or legal or regulatory provision exists that would prevent the Commission, wheresoever it might be meeting and provided it has the necessary quorum to decide, from adopting resolutions on matters that fall within its jurisdiction and that affect the fundamental rights of persons, as is true of this case and others in which analogous decisions have been made. 13. On September 28, 1992, the Government filed a supplementary brief regarding the preliminary objections interposed, on the grounds that the facts and circumstances referred to in the certification of the Secretariat dated June 23, 1992, required the amplification and adaptation of the original brief. The President decided to submit it to the consideration of the Court during the session beginning January 25, 1993. By Order of January 26, 1993, the President, in consultation with the Court, decided not to allow the brief to expand the scope of the preliminary objections because “the proceeding would be reopened, the steps already taken at the appropriate time would be infringed and, furthermore, the procedural balance and equality of the parties would be seriously affected.” 14. On January 29, 1993, the Agent of the Government appealed the above order to the full Court, which confirmed its decision by Order of January 30 of that same year. II 15. According to the petition of November 17, 1988 presented to the Commission, an armed group of the “Sendero Luminoso” movement ambushed a Peruvian Army military convoy in Erusco, an annex of the District of Cayara in the Province of Víctor Fajardo, Department of Ayacucho, on May 13, 1988. Four members of Sendero Luminoso, one Army captain and three soldiers were killed in the fighting. On the following day, Army troops entered the village of Cayara and murdered the first person they came across (Esteban Asto Bautista, according to the petition). They later came to the village church, where they found five more men who were taking down a platform; they shot them point-blank (Emilio Berrocal-Crisóstomo, Patricio Ccayo-Cahuaymi, Teodosio Noa-Pariona, Indalecio Palomino-Tueros and Santiago Tello-Crisóstomo, according to the petition). Later still, when the men of the village returned from the fields, the soldiers killed them with bayonets and farm tools (in Ccehuaypampa). The soldiers then buried the dead in a neighboring site (David Ccayo-Cahuaymi, Solano Ccayo-Noa, José Ccayo-Rivera, Alejandro Choccña-Oré, Artemio González-Palomino, Alfonso Huayanay-Bautista, Ignacio Ipurre-Suárez, Eustaquio Oré-Palomino, Zacarías Palomino-Bautista, Aurelio Palomino-Choccña, Fidel Teodosio Palomino-Suárez, Félix Quispe-Palomino, Dionisio Suárez-Palomino, Prudencio Sulca-Huayta, Emiliano Sulca-Oré, Zózimo Graciano Taquiri-Yanqui, Teodosio Valenzuela-Rivera, Ignacio Tarqui-Ccayo, Hermenegildo Apari-Tello, Indalecio Palomino-Ipurre, Patricio Ccayo-Palomino, Ildefonso Hinostroza-Bautista, Prudencio Palomino-Ccayo and Félix Crisóstomo-García, according to the petition). On May 18, 1988, during the military intervention in Cayara under the command of General José Valdivia, Head of the Security Sub-Zone of the Central Region corresponding to Ayacucho, the Army had detained Alejandro Echaccaya-Villagaray, Samuel García-Palomino and Jovita García-Suárez. The bodies of these persons were subsequently exhumed in Pucutuccasa by the Chief Prosecutor, Carlos Escobar, acting on information given by some peasants on August 10, 1988. According to the petition, between 28 and 31 persons had been murdered on May 14; it was difficult

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